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Voters in Massachusetts overwhelmingly approved the legalization of marijuana for medical use last week, allowing non-profit treatment centers to grow and distribute the drug to people with AIDS, cancer and other conditions.
But before the first ounce can be produced and sold, the state must fill in the gaps of the legislation, leaving many questions still unanswered for local officials, who must decide how to regulate dispensaries and enforce the law in their own communities.
At least one town's top official has said he will seek to ban the drug centers from his community, and state lawmakers are considering a six-month delay on the Jan. 1, 2013 starting date to give communities more time to assess the law.
Here in Braintree, officials are concerned how the quasi-legal status of marijuana will affect law enforcement and how regulators will determine answers to questions like what zoning rules apply and who will run the 35 dispensaries scheduled to open by the end of 2013.
"It's early in the process," District 3 Councilor Tom Bowes said. "Let's see what kind of restrictions the state will put in place."
Quincy officials are already examining an ordinance that would not allow dispensaries within 1,500 feet of a residential district, school, child care facility or business that serves alcohol, according to the Patriot Ledger. Under Braintree's zoning laws, the centers may already be restricted, Chief of Staff and Operations Peter Morin said.
"We're trying to figure out what definition these dispensaries fall under," he said.
An initial review of the legislation and Braintree's zoning laws shows that the dispensaries would not fit under the medical treatment center or agricultural sections, Morin said.
Local officials may also move on an ordinance restricting the placement of the centers like that pending in Quincy. In the meantime, Braintree and the 350 other towns in Massachusetts await further guidance from the state.
"Hopefully the legislature will be able to put some controls on it," Town Council President Charles Kokoros said.
Kokoros said he did not support the law, and that state lawmakers should be the ones to enact such measures. There is a lack of consistency already when it comes to the recent decriminalization of small amounts of marijuana, Kokoros said, and it remains illegal altogether on the federal level.
Councilor-at-Large Sean Powers said he respects the needs of patients, but voted against the law and sides with nearby district attorneys and Sen. John F. Keenan, D-Quincy, who came out against the ballot question ahead of the election.
"I don't think it can be properly regulated," Powers said.
Not all are as skeptical about the law, though, and voters supported it by wide margins.
Braintree voters approved the measure 57 percent to 43 percent, according to unofficial numbers from the Town Clerk. That was slightly less favorable than voters statewide, who supported it 63 percent to 37 percent.
"If the people in Braintree support it, we should have [a distributor] here," District 2 Councilor John Mullaney said. "What, the sick and the elderly should have to travel 10 miles to get to it?"
State guidelines have yet to be given to local law enforcement, Braintree Police Chief Russell Jenkins said in an email. Jenkins said he expects the law "to have a significant impact on our drug problem and our enforcement efforts."
A recent case in Braintree shows the difficulty of enforcing medical marijuana laws, Jenkins said. Last month, a man from Maine was arrested following an accident at Five Corners. He had 19 ounces of marijuana on him at the time, and also a medical marijuana certificate from the State of Maine.
However, it turned out that Maine only allows the possession of up to 2.5 ounces of the drug, Jenkins said.
"This individual had almost eight times that amount in numerous containers that appeared to be packaged for sale," he said. "I have no doubt that medical marijuana, like many other legal drugs, will be illegally diverted and sold on the street."
Despite the likely increased costs of regulation and law enforcement in towns, there is no opportunity for municipalities to earn revenue based on how the law was written, Morin said. The dispensaries will be non-profits and medicine cannot be taxed.
"This is something that provides no revenue to the host community at all under the current rules," Morin said. "It creates serious issues for a community."
News Hawk- TruthSeekr420 420 MAGAZINE
Source: patch.com
Author: Joseph Markman
Contact: Contact Us - Braintree, MA Patch
Website: Questions Remain For Braintree Officials on Details of Medical Marijuana Law - Braintree, MA Patch
But before the first ounce can be produced and sold, the state must fill in the gaps of the legislation, leaving many questions still unanswered for local officials, who must decide how to regulate dispensaries and enforce the law in their own communities.
At least one town's top official has said he will seek to ban the drug centers from his community, and state lawmakers are considering a six-month delay on the Jan. 1, 2013 starting date to give communities more time to assess the law.
Here in Braintree, officials are concerned how the quasi-legal status of marijuana will affect law enforcement and how regulators will determine answers to questions like what zoning rules apply and who will run the 35 dispensaries scheduled to open by the end of 2013.
"It's early in the process," District 3 Councilor Tom Bowes said. "Let's see what kind of restrictions the state will put in place."
Quincy officials are already examining an ordinance that would not allow dispensaries within 1,500 feet of a residential district, school, child care facility or business that serves alcohol, according to the Patriot Ledger. Under Braintree's zoning laws, the centers may already be restricted, Chief of Staff and Operations Peter Morin said.
"We're trying to figure out what definition these dispensaries fall under," he said.
An initial review of the legislation and Braintree's zoning laws shows that the dispensaries would not fit under the medical treatment center or agricultural sections, Morin said.
Local officials may also move on an ordinance restricting the placement of the centers like that pending in Quincy. In the meantime, Braintree and the 350 other towns in Massachusetts await further guidance from the state.
"Hopefully the legislature will be able to put some controls on it," Town Council President Charles Kokoros said.
Kokoros said he did not support the law, and that state lawmakers should be the ones to enact such measures. There is a lack of consistency already when it comes to the recent decriminalization of small amounts of marijuana, Kokoros said, and it remains illegal altogether on the federal level.
Councilor-at-Large Sean Powers said he respects the needs of patients, but voted against the law and sides with nearby district attorneys and Sen. John F. Keenan, D-Quincy, who came out against the ballot question ahead of the election.
"I don't think it can be properly regulated," Powers said.
Not all are as skeptical about the law, though, and voters supported it by wide margins.
Braintree voters approved the measure 57 percent to 43 percent, according to unofficial numbers from the Town Clerk. That was slightly less favorable than voters statewide, who supported it 63 percent to 37 percent.
"If the people in Braintree support it, we should have [a distributor] here," District 2 Councilor John Mullaney said. "What, the sick and the elderly should have to travel 10 miles to get to it?"
State guidelines have yet to be given to local law enforcement, Braintree Police Chief Russell Jenkins said in an email. Jenkins said he expects the law "to have a significant impact on our drug problem and our enforcement efforts."
A recent case in Braintree shows the difficulty of enforcing medical marijuana laws, Jenkins said. Last month, a man from Maine was arrested following an accident at Five Corners. He had 19 ounces of marijuana on him at the time, and also a medical marijuana certificate from the State of Maine.
However, it turned out that Maine only allows the possession of up to 2.5 ounces of the drug, Jenkins said.
"This individual had almost eight times that amount in numerous containers that appeared to be packaged for sale," he said. "I have no doubt that medical marijuana, like many other legal drugs, will be illegally diverted and sold on the street."
Despite the likely increased costs of regulation and law enforcement in towns, there is no opportunity for municipalities to earn revenue based on how the law was written, Morin said. The dispensaries will be non-profits and medicine cannot be taxed.
"This is something that provides no revenue to the host community at all under the current rules," Morin said. "It creates serious issues for a community."
News Hawk- TruthSeekr420 420 MAGAZINE
Source: patch.com
Author: Joseph Markman
Contact: Contact Us - Braintree, MA Patch
Website: Questions Remain For Braintree Officials on Details of Medical Marijuana Law - Braintree, MA Patch
